However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

On March 4, 2015, the Defendant issued a summary order of KRW 4 million at the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million at the same court on February 15, 2008 due to the same crime, etc.

At around 04:10 on September 27, 2016, the Defendant driven BS5 automobiles while under the influence of alcohol at a level of about 0.163% alcohol concentration on the road located at approximately 10 meters in front of the 17th convenience point of GS25 GS25, Chungcheongnam-gu, Seoul Metropolitan City, Ulsan-do.

Accordingly, the defendant, who had the power of violating the Road Traffic Act (driving) more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (number 9);

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the same Act, even though the liability for the crime is not less than 0.163% in light of the repetition of the crime of the same kind or the taking-off of alcohol, there is no record of punishment for the crime of the same kind, yet there is no record of punishment for the crime of the same kind, or the circumstances leading up to the crime, reflective attitude, etc., that should be taken into account;

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation under Article 62-2 of the Criminal Act;